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Informazioni


General Terms of Sales

1. General Terms
2. Identification of Seller
3. Information about Products and availability
4. Price
5. Conclusion of Contract
6. Payment Method
7. Shipping and delivery
8. Shipping and delivery confirmation
9. Packaging
10. Right of Termination
11. Customized Products
12. Withdrawal
13. Lack of conformity
14. Garantuee of Authenticity and Intellectual Property Rights
15. Law of contract and jurisdiction
16. Contacts


1. General Terms

1.1 The following General Terms of Sale (in the following “General Terms”) regulate all sales of Products of Calzaturificio Romano Martegani s.r.l. (in the following “Products” or “Product” sold by “Martegani”) on the web site www.rm1891.com (in the following the “Website”).

1.2 Please check carefully our General Terms, Cookies Policy and Personal Data Policy (in the following together referred as “Privacy Policy”) before using this Website.
If you use this Website or place an order through it, you accept this General Terms and Privacy Policy. For any question about our Terms and Privacy Policy, please write us to: privacy@rm1891.com


1.3 The distance selling service governed by the General Terms is reserved exclusively to consumers (in the following “Customers” or “Customer”); “consumers” are individuals, persons under the age of eighteen (18) years (or the age of majority of the individual's relevant country), acting outside their commercial, crafting or professional business. The resale or sale for any commercial or professional purpose of the products purchased on the Website are expressly prohibited.

1.4 Italian is the contract language for sale contracts on the Website. Italian interpretation will prevail in case of discrepancy with English translation.

Alternative Clause [Contract might be concluded, at Customer’s choice, in one of the languages in which these Terms are available on this Website.]


2. Seller

2.1 The seller is Calzaturificio Romano Martegani s.r.l., C.F. e P.IVA 00196340129, having its headquarter in via A. Catalani n. 8 Giussano (MB) REA MB 1434097, fully paid-up share capital of 52.000,00 Euro, ( “Martegani”).


3. Information about products and their availability

3.1 Information about Products, their code and price are available on the Website.

3.2 The entire collection of Products is available on the Website. Since our Product is craftly handmade any graphical representation of Products might be different; Customer shall rely on Product description and characteristic of the materials shown on the Website.


3.3 Martegani reserves the right to limitate, in any time, quantity and/or kind of Products purchasable on the Website. Style, models, colors of Products described on Site might be changed without any notice. During purchase process, if it is not possible to fullfill the order due to the lack of ordered Product, the Customer will be noticed with authomatic email.
Martegani is not liable to the Customer for the unaof the Product if this occurs before the conclusion of Contract.

3.4 Customer can insert a maximum of 3 pieces of each Product in the purchase proposal.


3.5 Martegani is not liable of any error due to the Customer’s missing connection to the Website.

4. Price

4.1 Product price is shown on the Website, it is indicated in Euro and it is comprehensive of all applicable taxes. The Website shows the Product Price on the e-commerce, or prices suggested to retailers and outlet stores as the Customer might verify differences.
For international deliveries, Customs Authority might require some extra taxes which cannot be estimated at the moment of purchase and which shall be paid by the Customer.
Any delivery costs shall be added to Product price, and they will be separately indicated in the purchase order.

4.2 Martegani constantly verify the exact Price shown on the Website. In case of mistaken price of Product, Martegani shall reject the purchase order and it will offer to Customer the chance to buy the Product to correct price. If the error is found only after accepting the order, Martegani will offer the customer the opportunity to cancel the order.


5. Conclusion of contract

5.1 The Website shows price and essential characteristic of each Product. Information shown on the Website are not an offer from Martegani.

5.2 In order to purchase a Product, Customer shall (I) insert selected Product in the “Trolley” by clicking on the trolley button, (II) fulfill the order proposal, (III) select the payment form, (IV) accept the General Terms and (V) submit the proposal of order to Martegani through the Website.


5.3 Submitting an order proposal means to submit a proposal of purchase of a selected Product, regulated by these General Terms and binding for the Customer, except for the right of termination according the following article 10. The transmission of an order proposal binds the Customer to pay the price of purchased Products.

5.4 Before transmitting an order proposal Customer can modify his data by following the apposite procedure in the Website (i.e. Customer can modify the quantity of Products to purchase by adding or deleting one or more Products from the Trolley).

5.5 The form with the order proposal and Customer’s data will be stored by Martegani for the due period as stated in Privacy Policy.

5.6 At its sole discretion, Martegani might refuse an order proposal within 30 days from its receiving. In that case, no payment will be required from the Customer. Martegani might refuse an order proposal i.e. in the following cases:
(I) Products unavailable (except as stated in article 3.3); or
(II) in case there is a warning of, or the suspect of, deceitful or illegal activities, included the suspect that purchases are made for commercial scope;
(III) Customer fails to comply its obligation from a previous contract concluded with Martegani.


5.8 Contract between Martegani and the Customer is concluded when Customer receive confirmation from Martegani of acceptance of order proposal (Confirmation of Order). Acceptance (or denial) from Martegani of order proposal will be submitted to the email address indicated from Customer in the order proposal.

5.9 In case of lack of one or more Products ordered, the Customer will be noticed via e-mail. In such case, the order proposal will be canceled, or accepted limited to available Products. In case of partial acceptance, Customer will pay the price of the available Products (if the credit card payment is selected, the Customer will be charged only the amount corresponding to the Products available).


5.10 According to 51, co. 7 D.lgs 206/2005 (Consumer Code), Order Confirmation will contain: a summary of essential characteristics of purchased Products, detailed indication of price and payment method, information on delivery cost, if any, conditions on how to exercise the right of withdrawal (included indication of exclusion of right of withdrawal for customized Products), indication of address to file a complaint, information about customer-care service, after sale assistance and commercial warranties and a copy of this General Terms of Sale.


5. 11 Once the Order Confirmation has been received, the order can no longer be canceled or modified. The return of the Products already sent must be carried out in accordance with the procedure set out in the following article 10.


5.12 The risk of loss or damage of the Products is transferred to the Customer when the Customer (or a third party designated by the Customer and different from the carrier) holds the Product, in accordance with the provisions of art. 63 of D.lgs 206/2005.

6. Methods of Payment

6.1 The Customer shall pay the price of Products contained in the order proposal and the related shipping costs by credit card, PayPal or bank transfer.


6.2 Martegani accepts payment by the following credit cards: 

VISA - MASTERCARD  (free commissions)

AMERICAN EXPRESS (commissions at customer charge)


6.3 Customer's credit card will be charged only after:
(I) credit card details have been verified;
(II) the authorization to charge the Customer’s credit card has been received from the issuer company, and
(III) the availability of the Product has been confirmed by Martegani.


6.4. In some cases (such as for the purchase of Customized Products, which will be reported on the Site before the Customer sends the order proposal) the charge of transactions on the Customer's credit card will be made only after: (I) the credit card details have been verified; and (II) the authorization to charge the credit card has been received from the issuing company.

6.5 Except as provided in article 6.4, no charge will be made on the credit card at the time of transmission of the order proposal, except of the temporary charge necessary to verify the validity of the credit card. It is understood that, following the order fulfillment, this temporary charge will be canceled and replaced by the charge corresponding to the amount due by the Customer. The temporary charge will also be canceled if the order is canceled.

6.6 Payment might be disposed also via bank transfer at the following

IBAN:IT75S0521633150000000002603

BIC/SWIFT: BPCVIT2S

All costs and expenses (included bank transfer commissions) are at Customer’s cost. Payment shall be disposed not later than 7 (seven) business days from the Order Confirmation date.


6.7 In the event that, for any reason, within the period set forth in the preceding article 5.8, the amounts owed by the Customer could not be charged to the credit card (or, in the case of a bank transfer, the funds corresponding to these amounts do not are available in the bank account) it will not be possible to execute the contract and the order will be considered canceled.


7. Shipping and delivery

7.1 Purchased products will be delivered via courier selected by Martegani (in the following “Courier”) in business days. Products will be delivered at the destination address as stated in the order proposal by the Customer. We do no accept delivery in mail boxes.


7.2 Except in the case of events of force majeure or unforeseeable circumstances, deliveries will be made within 30 (thirty) days from the date indicated in the Order Confirmation. In case of failure to deliver within the aforementioned term, the Customer may terminate the contract and Martegani will have to reimburse without delay all expenses incurred under the contract.


7.3 Upon delivery the Customer (or his delegate) shall:
(I) check the number of packages delivered corresponds to that indicated on the delivery note; (II) check the packaging and its seals are intact, undamaged, not wet or altered in any way; (III) sign the delivery document; and (IV) if requested by the Courier, show an identity document. Any damage to the packaging and / or the Products or the mismatch in the number of packages or indications must be immediately notified in writing on the delivery note of the Courier. Where permitted by current legislation, once the Courier's document has been signed without the Client having raised any exceptions, the Customer can not make any objection about the exterior characteristics of the package delivered; it is understood that the Customer may raise objections even later, as provided for by the following article 13, where such objections refer to the Products.

7.4 Delivery costs, if provided for by the customer, will be highlighted separately in the order form.

8. Confirmation of shipping and delivery


8.1 Martegani shall notice via email the Customer about Product shipping and with a second email as confirmation of product delivery.

9. Packaging

9.1 Product purchased in the Website are delivered with the usual packaging as provided to Martegani’s retailers.

10. Right of withdrawal

10.1 Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his delegate to receive the Products) physically owns the Products themselves or, in case of multiple deliveries, from the day on which the Customer physically owns the last Product.

10.2 To exercise the right of withdrawal, the Customer must send by e-mail (customerservice@rm1891.com) or traditional mail within the deadline set in the previous article 10.1:
• the withdrawal form attached here, duly completed and signed; or
• a communication that highlights the Customer's intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; this communication must contain the following information: (I) indication of the Product for which the Customer wishes to exercise the right of withdrawal; (II) order number and (III) in the event that the Customer has purchased the Products by making the payment by bank transfer, the IBAN code of the Customer on which the refund must be made. The communication must be sent to the following address:
Calzaturificio Romano Martegani s.r.l.
via A. Catalani n. 8,
20833 - Giussano (MB)
e-mail: customerservice@rm1891.com


10.3 Within 14 (fourteen) days from the notice of withdrawal (transmitted in accordance with the previous article 10.2) the Customer must return the purchased Products to Martegani by sending them to the following address, choosing the most appropriate shipping method to the value of the Products:
Calzaturificio Romano Martegani Ltd.
via A. Catalani n. 8,
20833 - Giussano (MB)
The costs for returning the Products to Martegani are charged to the latter. Products must be returned intact, unused, undamaged and with labels still attached. In case of depreciation of the Products, due to a manipulation of the same that is not strictly necessary to verify the nature and characteristics, Martegani reserves the right to refuse the reimbursement of the Products.


10.4 Martegani will refund the sum paid by the Customer, including any reasonable delivery costs, within 14 (fourteen) days from the date on which Martegani will have received the Products returned by the Customer or from the time the Customer provides proof of having returned the Products, depending on which situation occurs first. This refund will be made by Martegani with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and on condition that the Customer does not have to incur additional expenses in respect of such reimbursement.


11. Customized Products

11.1 In compliance with the provisions of article 59, paragraph 1, letter c) of the Consumer Code, as defined below, the right of withdrawal does not apply to orders relating to customized products such as, by way of non-exhaustive example, the Products on which the customer's initials are engraved and the Products made based on the specific indications provided by the Customer on the Website.


12. Product replacement

12.1 Without any prejudice to the rights of the Customer as provided for by articles 10 and 13 of these General Conditions and excluding custom Products referred to in Article 11, Martegani recognizes the Customer the possibility of replacing the Products purchased on the Site. For this purpose, the Customer will:

(I) upon receipt of the Products, the Customer contacts Martegani by e-mail at the address: customerservice@rm1891.com
(II) afterwards, fills in the form, received together with the Products the Customer intends to replace, clearly indicating the code and the size (as indicated on the Website) of the new Products you wish to receive;
(III) no later than 14 (fourteen) days from the date on which the Customer received the Products, send them to Martegani, in the original state in which they were at the time of receipt (avoiding unplugging the labels), together with the indicated form to the previous article 12.1 (II). Unless otherwise indicated on the Site, the delivery costs related to the return of the Products are charged to the Customer.

12.2. Products must be returned intact, unused, undamaged and with labels still attached. In case of depreciation of the Products, due to a manipulation of the same that is not strictly necessary to verify the nature and characteristics, Martegani reserves the right to refuse the replacement of the Products.


12.3 Martegani will reimburse the amount paid by the Customer with the same payment methods used by the Customer for the purchase, no later than 14 (fourteen) days from receipt by Martegani of the returned Products.


12.4. Martegani will accept to make the substitution after checking the availability of the Products requested as a replacement.

12.5. The replacement will be processed by Martegani using the same methods used for each new order, and will therefore apply the same terms and conditions applied to the initial order of the Customer as provided for in these General Conditions. In particular, if the Products that the Customer intends to replace have been paid by credit card, Martegani will proceed first to reimbursement of the price originally paid, then to the charge of the price of the Products requested in replacement following the procedure described in Article 6.3. In case of payment by bank transfer, if the price of the products requested in replacement is the same as those initially purchased, Martegani will retain the sum initially paid by the customer for the latter. In case of price difference, however, this will be paid by Martegani to the Customer, if in default; on the contrary, if in excess, Martegani will ask the Customer to pay this difference.


13. Lack of conformity

13.1 Should the Products sold by Martegani be subject to production defects or any presumed lack of conformity, the Customer will be required to contact the online assistance, by e-mail or by post, at the addresses indicated below:


Calzaturificio Romano Martegani s.r.l.
via A. Catalani n. 8,
20833 - Giussano (MB)
email: customerservice@rm1891.com

13.2 The sale of the Products is subject to the legal guarantees provided by articles 129, 130 and 132 of the Consumer Code. Pursuant to these regulatory provisions, the Customer has the right to obtain total restoration of the conformity of the goods through, at his option, repair or replacement, and at no cost to him. In the event that one of these remedies is objectively impossible or excessively burdensome with respect to the other, as provided for in Article 130, paragraph 7, of the Consumer Code, the Customer may obtain a reasonable reduction in the price of the Products or, alternatively, the termination of the contract. The Customer loses these rights if he does not report to Martegani the presumed lack of conformity within the term of 2 (two) months from the date on which he discovered the defect. In any case, the action aimed at asserting an alleged lack of conformity is prescribed by law within the term of 26 (twenty-six) months from the date on which the Products have been delivered to the Customer.

13.3 In the event that the Customer requests the repair or replacement of the Products due to a presumed lack of conformity in accordance with the terms of this article 13, the delivery costs for the return to Martegani of the Products to be repaired or replace, as well as all costs for the return of the repaired or replaced Products to the Customer, will remain solely at the expense of Martegani.


14. Guarantee of authenticity and Intellectual Property Rights

14.1 Martegani guarantees the authenticity of all the Products purchased on the Site. The "Martegani" branded products are made with Italian materials, are packaged by Italian artisans and are all rigorously and integrally MADE IN ITALY.

14.2 All trademarks "Martegani", the figurative or form trademarks, present on the Products, relative accessories and / or packaging, as well as all the illustrations, images and logos protected by copyright, and, more generally, all the intellectual property rights relating to the Products are and will remain the exclusive property of Calzaturificio Romano Martegani srl

15. Applicable law and competent court

15.1 These General Terms and, consequently, the contracts concluded with the Customers are governed by Italian law (in particular, the Consumer Code and Legislative Decree No. 70 of April 9, 2003, "E-commerce Decree") and must be interpreted based on it.

15.2. Disputes arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the jurisdiction of the judge of the place of residence or domicile of the Customer.

Alternatively, the Customer might choose to access the platform for the extra-judicial resolution of disputes provided by the European Commission, available at http://ec.europa.eu/odr

16. Contacts

16.1 For further information and assistance on the Website or about online purchasing methods, the Customer might contact Martegani to the following addresses:


Calzaturificio Romano Martegani s.r.l.
via A. Catalani n. 8,
20833 - Giussano (MB) -ITALY-


privacy: privacy@rm1891.com

claims -  returns and Customer care:customerservice@rm1891.com